Meeting Information
Amended Agenda 06/07/11
WEDNESDAY, JUNE 8, 2011
12:00-1:30 p.m.-Lunch meeting with LMH Trustee and Administration at LMH Hospital, Conference Room D North. (More than one Commission may attend. No County Business will be considered.)
4:00 p.m.
-Convene
-Proclamation celebrating June 13-17, 2011 as "Dad's Days." (Jenn Preston)
-Consider approval of the minutes of May 11 and May 18, 2011.
CONSENT AGENDA
(1) (a) Consider approval of Commission Orders;
(b) Review and approve 7th Judicial District Fiscal Year 2012 Grant Conditions between the Juvenile Justice Authority and Douglas County (Pam Weigand);
(c) Consider approval to authorize the County Administrator to enter into a performance agreement with Plastikon Healthcare, LLC in conjunction with the City of Lawrence (Corey Mohn,
City of Lawrence)
(d) Consider approval of a resolution for the creation of the Yankee Tank Dam District (Craig Weinaug);
(e) Consider purchase 20 Motorola portable radios for the Sheriff's Department as part of the Project 25 compliance purchase project (Ken McGovern); and
(f) Consider approval of acquisition of right of way to replace Bridge No. 4.00N-9.16E (Michael Kelley)
REGULAR AGENDA
(2) Consent Agenda approval to award contract for Project No. 2011-12 Microsurfacing Route 442 from Route 1029 (E 550 Road) to US-40 highway (Keith Browning)
(3) Consider awarding contract for pavement rehabilitation Project No. 2011-13 Route 1061 from N 1 Road (Franklin County line) to US-56 highway (N 200 Rd)(Keith Browning)
(4) Consider Approval of Contract for Engineering Services 3R Improvements to Route 442 from E 1 Road to Stull Project No. 2011-9 (Keith Browning)
(5) Z-3-10-11: Consider a request to rezone approximately 32 acres from I-2 (Light Industrial) to A (Agricultural), located at 670 N 1800 Rd. Submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. (PC Item 1; approved 9-0 on 5/23/11)(Mary Miller is the Planner)
(6) Executive Session to discuss acquisition of property
(7) Other Business
(a) Consider approval of Accounts Payable (if necessary)
(b) Appointments:
Bicycle Advisory Commission
Board of Zoning Appeals 10/2011 (2 positions-current not eligible for reappointment)
(c) Miscellaneous
(d) Public Comment
RECESS
6:35 p.m. -Reconvene
(8) Z-3-7-11: Consider a request to rezone approximately 6 acres from A (Agricultural) and B2 (General Business) to B2 (General Business), located at 751 Hwy 40. Submitted by Kathleen Baker Wolfe, property owner of record. (PC Item 4; approved 9-0 on 5/23/11) (Mary Miller is the Planner)
(9) Adjourn
Flory called the regular session meeting to order at 4:00 p.m. on Wednesday, June 8, 2011 with all members present.
MINUTES 06-08-11
The consideration of the minutes of May 11 and May 19, 2011 was deferred to the June 15 meeting.
CONSENT AGENDA 06-08-11
Flory moved approval of the following Consent Agenda:
► Commission Order No. 11-019 (on file in the office of the Clerk);
► 7th Judicial District Fiscal Year 2012 Grant Conditions between the Juvenile Justice Authority and Douglas County;
► Authorized the County Administrator to enter into a Performance Agreement with Plastikon Healthcare, LLC in conjunction with the City of Lawrence for Economic Development Incentives sharing equally in the Employee Training Incentive. For each new full-time employee employed by Plastikon in the Lawrence, Kansas facility, and subject to the performance provisions, the City and County will pay up to a combined total of $63,000 over five years. If fully paid, this is the equivalent of $500.00 per employee for up to 126 employees. The City's and County's respective contribution over the five year period shall not exceed $31,500;
► Resolution 11-18 calling for a Public Hearing on the advisability of creating a community improvement district within Douglas County, authorizing the making of certain improvements therein, setting forth the general nature of improvements, the estimated costs thereof, the proposed method of assessment and financing and providing for the given notice to the Yankee Tank Dam;
► Purchase of 20 Motorola XTS 5000 portable radios with TFM Communications in an amount not-to-exceed $96,538.47 for the Sheriff's Department as part of the Project 25 compliance purchase project; and
► Contract for Highway Purposes Acquisition of Easement to replace Bridge No. 4.00N-9.16E; Project No. 04000919; Road No. 160 (N400 Rd), Tract 1 with C-HO Farms, 440 E900 Road, Baldwin.
Motion was seconded by Gaughan and carried 3-0
PUBLIC WORKS 06-08-11
The Board considered approval to award a contract for Project No. 2011-12 for Mircosurfacing Route 442, from Route 1029 (E 550 Road) to US-40 Highway. Keith Browning, Director of Public Works, presented the item
The following three contractors submitted bids:
Contractor Base Bid Alternate Bid
Vance Brothers $ 58,090.00 $ 56,199.65
Ballou Pavement Solutions $ 102,454.50 $ 118,284.60
Donelson Construction $ 110,679.90 No Bid
Engineer's Estimate $ 89,165.00 $ 85,131.00
No public comment was received.
Gaughan moved to accept the low base bid from Vance Brothers and award a construction contract in the amount of $58,090.00 for Project No. 2011-12, microsurfacing Route 442, from Route 1029 to US-40 highway. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 06-08-11
The Board considered awarding a contract for pavement rehabilitation for Project No. 2011-13 Route 1061, from N 1 Road (Franklin County line) to US-56 Highway (N 200 Rd). Keith Browning, Director of Public Works, presented the item.
Public Works received bids from four contractors. The Engineer's Estimate was $257,946.00. Bids are as follows:
CONTRACTOR
BID AMOUNT
SUNFLOWER PAVING
$249,119.34
O'DONNELL CONST
$264,500.50
KILLOUGH CONST.
$268,372.99
J.M. FAHEY CONST.
$416,221.00
No public comment was received.
Flory moved to accept the low total bid from Sunflower Pacing and award a construction contract in the amount of $249,119.34 for Project No. 2011-13, pavement resurfacing on Route 1061, from N1 Road to US-56 highway, and authorize the Public Works Director to approve change orders up to 5% of the contract amount. Motion was seconded by Thellman and carried 3-0.
PUBLIC WORKS 06-08-11
The Board considered approval of a Contract for Engineering Services for 3R improvements to Route 442, from E 1 Road to Stull, Project No. 2011-9. Keith Browning, Director of Public Works, presented the item. The improvements
Include upgrading Route 442 to meet 55-mph design standards and adding 6' wide paved shoulders from the Shawnee County line to US-40 highway. The CIP allocates $4,000,000 for this project. Purchasing policy procedures
were followed when selecting the consulting firm of BG Consultants, Inc. to provide engineering design services for this project. The contract is at an hourly rate with a total not-to-exceed cost of $349,678.91.
No public comment was received.
Flory moved to approve the contract with BG Consultants, Inc. for engineering design services at a not-to-exceed cost of $349,678.91 for Project No. 2011-9, 3R improvements to Route 442 from E1 Road to Stull. Motion was seconded by Gaughan and carried 3-0.
PLANNING/ ZONING & CODES 06-08-11
The Board considered Z-3-10-11, a request to rezone approximately 32 acres from I-2 (Light Industrial) to A (Agricultural), located at 670 N 1800 Road. The application was submitted by Paul Werner Architects, for Rockwall Farms L.C., property owner of record. The Planning Commission approved the item on a 9-0 vote on May 23, 2011. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.
Staff recommends approval of the rezoning request for approximately 32 acres from I-2 to A District based on the following findings of fact:
I. Zoning and land uses or surrounding properties. The surrounding area is zoned A (Agricultural) and is used primarily for agriculture, open space, rural residences and transportation network. The immediately adjacent properties included in the Rockwall Farms plat are zoned for light industrial and general commercial with conditions to accommodate a warehouse printing facility and a rural tourism use. Either the A or I-2 District would be compatible with the surrounding zoning and land uses.
II. Character of the area. The area is a rural area containing woodland, farmland and rural residences in close proximity to a major transportation corridor with development approvals for light industrial and rural tourism uses which have been designed for compatibility with the rural character of the surrounding area. Rezoning to the A District would maintain the rural character of the corridor, a value espoused by the applicant in the original rezoning based on the deep setback of the warehouse building. Rezoning to the I-2 or Commercial Districts could have more of a visual impact along the corridor due to the nature of the uses permitted in these districts.
III. Suitability of subject property for the uses to which it has been restricted. The land is suited for agricultural uses. Agricultural zoning would serve to maintain the lot in its present condition, reserving the north portion for future warehouse expansion, observing the use limitations on the buffer area for the rural tourism use, and maintaining the visual buffer between the warehouse and the road. Conversely, the lot is also suited to industrial uses given the transportation network being constructed to accommodate the Berry Plastics and Woods developments, as long as the buffer for the Woods remains.
IV. Length of time subject property has remained vacant as zoned. The property has never been developed but has been used for agricultural purposes.
V. Extent to which removal of restrictions will detrimentally affect nearby property. The requested rezoning to A (Agriculture) would have the least effect on nearby property and may benefit nearby properties by minimizing the impact of the warehouse on the surrounding area. Other zoning districts may detrimentally impact nearby property as additional development could increase the visual impact of the development on N 1800 Road and result in increased traffic in this area.
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. There would be little gain to the public health, safety or welfare from the denial of the rezoning request since the rezoning is to a less intense zoning district. The general public could be negatively impacted with the denial as additional uses would be possible in this area than were originally considered when the property was rezoned to the I-2 District. Approval of the rezoning request could benefit the general public by maintaining the character of the area.
VII. Conformance with the Comprehensive Plan. The proposed rezoning request to the A District is compliant with Horizon 2020 recommendations. Rezoning to Commercial Districts mentioned in the applicant's response would not be compliant with the locational criteria. The original rezoning to the industrial district was determined to be compliant due to the fact that it was accommodating the expansion of an existing facility and a site search determined that there were no similar competitive sites available in the municipalities. These criteria have not been met if the I-2 zoning were maintained, although other locational criteria have been met.
No public comment was received.
Thellman moved to approve Z-3-10-11 request to rezone approximately 32 acres from I-2 (Light Industrial) to A (Agricultural) District. Motion was seconded by Gaughan and carried 3-0.
ACCOUNTS PAYABLE 06-08-11
Thellman moved approval of accounts payable in the amount of $282,065.09 to be paid on 06/09/11. Motion was seconded by Flory and carried 3-0.
APPOINTMENT 06-08-11
Gaughan moved to appoint Chad Foster, Lawrence, to the Lawrence-Douglas County Bicycle Advisory Commission to complete the expired term of Tyler Longpine, expiring on12/31/12. Motion was seconded by Flory and carried 3-0.
PUBLIC WORKS MISCELLANEOUS 06-08-11
Keith Browning, Director of Public Works, gave an update to the County Commissioners on the public meeting he attended in Baldwin City regarding the improvements on Route 1055, one mile from US-56 to Highway 12. Browning stated homeowners in the Parkside development along 1055, who live close to the road expressed concerns. The City Commission passed a resolution approving the project adding a center turn lane, curb and gutter, and sidewalks on each side. Browning also attended a work session with many of the same people in opposition. On Monday, June 6, 2011, the City Commission passed a resolution endorsing the project as currently proposed with a 4-1 vote. The City Commission of Baldwin City agreed to keep the partnership with Douglas County at a 50/50 funding agreement.
EXECUTIVE SESSION 06-08-11
At 4:25 p.m., Flory moved to recess to Executive Session for 30 minutes (until 4:55 p.m.) to discuss possible acquisition of property. Attendees included: Craig Weinaug, County Administrator; Sarah Plinsky, Assistant County Administrator; and Keith Browning, Director of Public Works. Evan Ice, County Attorney, will not be in attendance but may be contacted by phone. Motion was seconded by Gaughan and carried 3-0.
At 4:55 p.m., Flory extended the Executive Session for an additional 15 minutes (until 5:10 pm.).
At 5:10 p.m. the Board returned to regular session. No action was taken.
RECESS
The Board recessed until 6:35 p.m.
RECONVENE
The Board reconvened at 6:35 p.m.
PROCLAMATION 06-08-11
Devin Zell, member of Dad's of Douglas County, gave a short discussion on the works of the organization. Thellman read and moved to approve the proclamation declaring June 13-17, 2011 as "Dad's Days" in Douglas County. Motion was seconded by Flory and carried 3-0.
PLANNING/ ZONING & CODES 06-08-11
The Board considered approval of Z-3-7-11, a request to rezone approximately 6 acres from A (Agricultural) and B2 (General Business) to B2 (General Business), located at 751 Hwy 40. The application was submitted by Kathleen Baker Wolfe, property owner of record. The Planning Commission approved the item on a 9-0 vote on May 23, 2011. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item. Staff received a letter from a neighboring property owner asking the property to remain agricultural.
Flory stated he feels we will cover concerns of neighbors on site plan. Gaughan agreed.
Staff recommended approval of the rezoning request for approximately 6 acres from (Agricultural) and B2 (General Business) to B2 (General Business) based on the following findings of fact:
I. Zoning and land uses or surrounding properties. The area contains a major transportation network with the intersection of US Hwy 40 and County Route 442. The predominate zoning in the area is Agricultural, and agriculture and rural residences are the principal land uses. A-1 Zoning and a rural residential subdivision is located on the northwest corner of the intersection and B-2 Zoning is located east of and on a portion of the subject property. The proposed rezoning to the B-2 District would be compatible with the surrounding land uses and zonings.
II. Character of the area. This is predominately a rural residential and agricultural area with limited commercial uses. The subject property is located on a major transportation corridor within the Lawrence Urban Growth Area. Commercial uses in this location could be compatible with the character of the area.
III. Suitability of subject property for the uses to which it has been restricted. The property is suited to the uses which are permitted in the A and the B-2 District.
IV. Length of time subject property has remained vacant as zoned. The property contains two parcels. The parcel on the west is developed with a residence. The parcel on the east has never been developed.
V. Extent to which removal of restrictions will detrimentally affect nearby property. With appropriate landscaping and site design, the requested zoning B-2 (General Business) should have minimal detrimental effect on nearby properties.
VI. Relative gain to the public health, safety and welfare by the destruction of the value of the petitioner's property as compared to the hardship imposed upon the individual landowners. There would be little, if any, gain to the public health, safety or welfare from the denial of the rezoning request given the separation between the subject property and residential uses and the type of transportation network the property is adjacent to. If the rezoning were denied, the development of the property would be limited to uses permitted within the Agricultural District.
VII. Conformance with the Comprehensive Plan.
CHAPTER SIX. COMMERCIAL
Policy 3.12: Criteria for Commercial Development in Unincorporated Areas (page 6-38) "Existing commercial areas that are located at the inter-section of a hard surfaced County Route and a state or federally designated highway should be allowed to expand if the necessary infrastructure (water, road, approved wastewater treatment facility, etc.) is available."
Staff Comments:
The property is located at the intersection of County Route 442 and US Hwy 40. The rural water district indicated that water meters were available to serve a commercial development at this location. The property contains nearly 5.7 acres outside of the regulatory floodplain; therefore an on-site sewage management system should be possible. A permit for an on-site sewage management system must be obtained prior to obtaining building permits for any commercial development. Based on the information above, the subject property meets the criteria for commercial zoning.
Flory opened the item for public comment. No comment was received.
Flory moved to approve the rezoning Z-3-7-11 from A (Agricultural) and B2 (General Business) to B2 (General Business). Motion was seconded by Gaughan and carried 3-0.
Flory moved to adjourn the meeting; Thellman seconded and the motion carried 3-0.
_______________________ _______________________
Jim Flory, Chair Mike Gaughan, Vice-Chair
ATTEST:
_______________________ _______________________
Jamie Shew, County Clerk Nancy Thellman, Member
Time and Date